FINAL BILL REPORT

2SHB 758

PARTIAL VETO

                                  C 506 L 87

BYHouse Committee on Ways & Means (originally sponsored by Representatives Sutherland, Belcher, McMullen and P. King; by request of  Governor Gardner)

Establishing the department of wildlife.

House Committe on Natural Resources

Rereferred House Committee on State Government

Rereferred House Committee on Ways & Means

Senate Committee on Natural Resources and Committee on Ways & Means

SYNOPSIS AS ENACTED

BACKGROUND:

The Department of Game and the Game Commission were established by passage of Initiative 62 in 1932.  By the same initiative, the Department of Fish and Game was abolished, and duties of the Fisheries Board were assumed by the director of the Department of Fisheries.  The Game Commission assumed the responsibility for setting hunting and fishing seasons, limits and license fees from 39 county organizations.

In 1945, the legislature abolished the Game Commission and gave the governor the authority to appoint the director of the Department of Game.  The voters, by a margin of 7 to 1, overturned this legislation through a referendum that same year.

The Game Commission consists of six members, three from each side of the Cascades.  Two are appointed in each odd-numbered year.  Each member serves for six years.  To qualify, members must have a knowledge of the habits and distributions of wildlife.  The commission directs the management of the agency and establishes rules protecting animals.  The members do not receive a salary, but may earn per diem of $100 per day when on official business.

The director serves at the pleasure of the commission and performs the duties prescribed by law and the commission.  The director is responsible for the administration and operation of the department.

SUMMARY:

The name of the Game Department is changed to the Department of Wildlife and the Game Commission becomes the Wildlife Commission. The governor appoints the director of the Department of Wildlife after consulting with the commission regarding the skills, qualifications and experience necessary for the job and is advised by the commission in selecting a director.  The commission continues to establish the time, place, manner and species of animals for which hunting or fishing is permitted.

The department and commission must prepare a series of reports.  The first, due November 1, 1987, will contain comprehensive and detailed analyses and management plans pertaining to agency programs, license fees, organization, land management practices and landowner relations.  The second, due October 1, 1988, will address the state's wildlife and wildlife recreation needs, innovative management methods and alternative methods of increasing agency revenues.  In the third, due June 30, 1989, the commission must review and make recommendations regarding appropriate license fees and spending requirements.  Additionally, the commission must prepare an annual report to the public and periodically review the department's basic goals and objectives with the governor and the legislature.  By December 31, 1987, the governor must submit a spending plan for $4.5 million of the $8 million appropriation from the General Fund.

The director, acting under guidance of the commission, may regulate deleterious exotic wildlife, establish special hunts, acquire and dispose of real property, regulate hunting or fishing contests and license and regulate game farms.  The director may reinstate hunting licenses revoked by agency rule or court order.

The income received by the state from the successful prosecution of people convicted of illegally taking wildlife increases from a maximum of $1,000 to $2,000.  In addition, the court will award from 5 to 10 percent of the reimbursement value to the newly created state Wildlife Conservation Reward Fund.  Money from the fund will be used by the director to reward people reporting violations of wildlife laws.

The commission may establish the Washington trophy hunt.  The commission may permit organizations to auction a permit, issued by the department, to hunt a post mature male trophy-quality animal from herds in areas not normally open to public hunting.  Proceeds from the auction will raise funds for the department and the sponsoring organization.

When the department prepares to lease the right to explore for oil or gas, the leases will be offered by the Department of Natural Resources.  The Department of Wildlife will identify conditions on the leases to protect wildlife and wildlife habitat, and the Department of Natural Resources will incorporate the conditions into the lease.  Proceeds from the leases will go to the Wildlife Fund.

The commission may establish times and places when fishing may be permitted without a license.  This is to be known as Family Fishing Day.

No department official may retaliate against another department employee for the employee's support of or opposition to this act.

Eight million dollars from the General Fund is appropriated to the Department of Wildlife.  A portion, $3.5 million, may be spent without any conditions imposed by the legislature.  The balance, $4.5 million, will lapse if the legislature rejects the spending plan required to be submitted by December 31, 1987.

VOTES ON FINAL PASSAGE:

      House 65  31

      Senate    30    18(Senate amended)

      House       (House refused to concur)

Free Conference Committee

      Senate    26    19

      House 74  23

EFFECTIVE:July 26, 1987

Partial Veto Summary:  Language which would have funded the Wildlife Conservation Reward Fund by imposing a 5 to 10 percent surcharge on the penalty for poaching certain animals is vetoed.  Language creating the Wildlife Reward Conservation Fund remains in the law.

The requirement that the department employ at least 85 field wildlife enforcement agents is also vetoed.  (See VETO MESSAGE)